0. A-5-LGB-14-0034 The Ranch at Laguna Beach
CCC Hearing
January 8, 2015
Item Th11a

1. Public Access
No public access currently available through site due to site constraints, including steep topography and golf ball hazard
Legal constraints
-- No Ranch access through the inland locked gate
-- No change proposed to existing public golf course
-- No “nexus” between improvements proposed and public access through site to justify access dedication (Nollan v. CCC)
-- No “rough proportionality” (Dolan v. City of Tigard)

2. Public Access--Applicant’s Proposal
OTD of floating easement for future hiking/biking trail along north (upcoast) side of property outside the golf ball hazard zone
Provision of access through golf course (north hotel/SOCWA gate to hotel western boundary) for third party operation of temporary shuttle program to safely transport hikers and mountain bikers
- Applicant to oversee Shuttle Management Plan
- Separate operator as public entity or non-profit
- Terminates with opening of north-side hiking trail

3. Public Access Opportunities
Shuttle Route
Trail OTD

4. Public Access Opportunities

5. OTD for Floating Trail Easement
Special Condition 5.B
Delete co-applicant requirement for future trail application
Modify language regarding termination of temporary shuttle program only if trail provides “substantially equivalent” level of user difficulty and destination
Shuttle and mountain bike/hiking trail are completely different user experiences
Add language – temporary shuttle terminates if hiking/biking trail provides route through Aliso Canyon which facilitates access to beach

6. Temporary Shuttle Access Program
Special Condition 3.A and C
Delete language requiring applicant to fund shuttle operation and purchase of shuttle vehicle
Applicant willing to provide seed money for purchase of vehicle
Applicant to work with public entity or non-profit acceptable to the Executive Director to operate the shuttle system

7. Lower Cost Visitor and Recreational Facilities – In Lieu Fee
Original staff report would have required applicant to pay in-lieu fee or fund and operate the shuttle access program
Addendum requires applicant to pay in-lieu fee and fund and operate shuttle
Applicant worked hard to find creative solution to access issues
Reject addendum change

8. Mitigation for Lower Cost Visitor or Recreational Facilities
Special Condition 2.A
Calculating mitigation under Commission decisions:
Where existing lower cost hotel units are lost, mitigation at a 1:1 ratio
For new high cost overnight accommodations with no low cost alternative on-site, a mitigation fee of 25% of the number of new high cost rooms x $33,970
Credit for non-overnight public access and recreational amenities that ensure visitors can nonetheless access the facility for recreational activities during the day.

9. Section 30213
Coastal Act Section 30213:
“Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided.”
There is no “less affordable high cost” standard

10. Calculation of the In-lieu Fee
Special Condition 1.B
25% x 33 new high cost rooms x $33,970 = $280,252
Additional credit for applicant’s proposals?:
Provision of on-site low cost or no cost youth overnight camping at Scout Camp
Applicant’s payment of $50,000 towards purchase of shuttle vehicle
Applicant’s volunteered trail OTD and temporary shuttle access program – despite no legal requirement to do so
Applicant’s total in-lieu fee: $280,252 - credit = $163,252
Apply also to open space acquisition, trail construction and maintenance in immediate area

11. Scout Camp Uses Special Conditions 11, 12 and 12.C, E and G
Change 100-person event limit to 150 persons (Cond. 12.C)
Eliminate prohibition on amplification because noise will be controlled by 65 db limit (Cond. 12.G)
Change 100-foot creek buffer to 25 feet from top of bank, consistent with Policy 9c of the Open Space and Conservation Element of the City’s certified LCP, with post and cable fencing and signage (Cond. 12.E)
Increasing overnight youth camping from 12 to not more than 40 kids and adult chaperones, using entire concrete pad, camping management plan approved by Executive Director

12. Scout Camp Uses

13. Indemnity Condition Not a permissible condition under the Coastal Act
Applicant requests deletion for equitable reasons
Not required by Coastal Act
Third-party appeal, not a Commissioner appeal
Provides high-priority visitor-serving use and volunteers access when not legally required to

14. Conclusion
Applicant requests approval with revisions to special conditions as specified in applicant’s correspondence dated December 31, 2014 and handout distributed again today.
Thank you